Notes

Reply memorandum filed by Airport Communities Coalition (ACC) in PCHB No. 01-160 before the Pollution Control Hearings Board for the State of Washington, in support of ACC’s motion to redact pre-filed direct testimony of Port of Seattle expert Paul Fendt regarding Walker Creek low flow frequencies. ACC argues that Fendt’s opinions and the March 2002 Walker Creek chart (Exhibit C, third page) are inadmissible because they were not timely disclosed under CR 26(e)(1)(B), citing Kelly Whiting deposition (February 28, 2002) and the Board’s October 30 pre-hearing order and March 22 Order Granting Appellant’s Motion to Strike Certain Pre-Filed Testimony. Filed by Helsell Fetterman LLP attorneys Peter J. Eglick, Kevin L. Stock, Michael P. Witek, and Rachael Paschal Osborn.

Sidebar On/Off

As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

continue...

V V

Notes

Message